HB 107 - ATTY FEES: HUNTING/FISHING INTERFERENCE1:06:31 PM
CHAIR McGUIRE announced that the first order of business would
be HOUSE BILL NO. 107, "An Act providing for the award of full
actual attorney fees and costs to a person aggrieved by unlawful
obstruction or hindrance of hunting, fishing, or viewing of fish
or game; amending Rules 79 and 82, Alaska Rules of Civil
Procedure; and amending Rule 508, Alaska Rules of Appellate
Procedure." [Before the committee was CSHB 107(RES); in
members' packets was a proposed committee substitute (CS) for HB
107, Version 24-LS0444\L, Utermohle, 3/3/05.]
JIM POUND, Staff to Representative Jay Ramras, Alaska State
Legislature, sponsor, said, on behalf of Representative Ramras,
that they believe they have worked out an agreement with members
regarding concerns raised at the bill's last hearing. On the
question of whether current statute already addresses the issue
of law enforcement activities, he said, since the proposed
change was essentially designed to provide for an affirmative
defense, a proposed committee substitute (CS) in members'
packets has moved the proposed change into AS 16.05.790(d),
which already addresses affirmative defenses for law enforcement
personnel. With regard to the concern that the bill will make
it profitable for someone to bring a lawsuit, the proposed CS
allows the prevailing party to be awarded all costs but only 90
percent of reasonable, actual attorney fees; this latter change
has allowed the sponsor to delete the proposed indirect court
rule change to Rule 79 of the Alaska Rules of Civil Procedure.
1:07:48 PM
REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee
substitute (CS) for HB 107, Version 24-LS0444\L, Utermohle,
3/3/05, as the work draft. There being no objection, Version L
was before the committee.
REPRESENTATIVE GARA commented that he appreciated the work the
sponsor did to address members' concerns.
REPRESENTATIVE COGHILL said that he still had a concern
regarding quantifying behavior that would result in "physically
interfering or tampering with" viewing, and that he will
continue to work with the sponsor on that issue.
1:09:43 PM
REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB
107, Version 24-LS0444\L, Utermohle, 3/3/05, out of committee
with individual recommendations and the accompanying zero fiscal
notes. There being no objection, CSHB 107(JUD) was reported
from the House Judiciary Standing Committee.